New Statesman Jobs Board - Website Terms and Conditions (April 2011)

o SECTION A: Applicability and Acceptance
o SECTION B: General Terms and Conditions applicable to ALL Users (including Recruiters and Job-Seekers)
o SECTION C: Terms and Conditions specific to Job Seekers
o SECTION D: Additional Terms and Conditions for Recruiters
o SECTION E: Site Rules for Recruiters (“the Rules”)
o SECTION F: Privacy Policy - All Users

SECTION A: Applicability and Acceptance
This New Statesman Jobs Board Website (“Site”) including all information, documents, materials, data, databases communications, files, text, graphics and software available through the Site (collectively, the “Content”) is owned, licensed to and operated by New Statesman Ltd (a company incorporated in England (Company No. 314 3654) with its registered office at 233-237 Old Marylebone Road London NW1 5QT) and its group companies (“Us, We” “Our”) and is made available to You, as the person or business named in the registration or order with Us, (“You”, “Your”, “User”) on the following Terms and Conditions.
By accessing or using the Site in any way, including, without limitation, use of any of the Services, downloading of any Content, or merely browsing the Site, You agree to and are bound by these Terms and Conditions.
We reserve the right to change these Terms and Conditions and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Please ensure that You review these Terms and Conditions regularly. Your continued use of the Site, or any Content or Services accessible through it, after such notice has been posted constitutes Your acceptance of the changes. If You do not comply with these Terms and Conditions, Your authorisation to use this Site will automatically end and any Content that You may have downloaded or printed from it must be immediately destroyed.
Section B: General Terms and Conditions applicable to ALL Users (including Recruiters and Job-Seekers)
1. The Site and Services
These Terms and Conditions govern Your agreement with Us for Your use of the following services on the Site:
a. The CV Match Service: the service which allows recruiters to view, search, purchase and access CVs of candidates held on the Candidate Database via the Site;
b. The Job Application Service: the service which allows Recruiters (or the advertising agency or media buyer for such recruiter) to place their vacancy advertisements on the Site as a job posting (“Job Posting”) and Job Seekers to apply for those vacancies by: (i) making a vacancy application directly through the Site; (ii) being re-directed to a third party’s website to apply through that website; or (iii) requesting an application pack from the relevant Recruiter (and then completing that application); and
c. The Jobs by Email Service: the service which allows You a Job Seeker to select Your preferred vacancy criteria and then receive emails containing details of Job Postings that fulfil Your criteria.
Each of a.-c. shall be a “Service” and collectively they shall be the "Services". These terms shall apply to all of the Services except for where they are expressly stated to apply to one Service only.
2. Use of the Site
The information and services available on the Site are provided for the sole use of:
• individuals looking for employment opportunities and career information (“Job Seekers”) and
• for employers placing job advertisements and seeking to recruit staff (“Recruiters”).
You may use, print and download selected information from the Site and Content for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any Content.
In using the Site, including all Services and Content available through it, You agree:
• Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
• Not to upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
• Not to create a false identity;
• Not to use or attempt to use another’s account, password, service, or system without express authorisation from Us; or
• Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

3. Intellectual Property
All copyright, database rights and other intellectual property rights in the Site and the Content belong to New Statesman Ltd, its group companies or third party suppliers. Use of the Site does not give You any proprietary or intellectual property rights in the Site or any Content.
The names, images and logos identifying the Us or third parties and their products and services, are the proprietary marks of New Statesman Limited, and/or may be the proprietary marks of third parties and all goodwill shall accrue to such owners. Any use made by You of these marks may be an infringement of rights in those marks and We reserve all rights to enforce such rights as it might have.

Except as expressly implied in these Terms and Conditions We do not grant any express rights to use the Content and/or Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Content, or its Services or their selection and arrangement, except as expressly authorised in these Terms and Conditions. In addition, You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

4. User Registration

Where use of the Site or certain Services of the Site requires User registration, You will be required to provide certain registration information (which may include your CV if you are a Job-Seeker) (the “Registration Data”).

In registering to use the Site, including all Services and Content available through it, You agree to:
• Provide accurate, complete and up to date information about Yourself as required by the Sites registration form.
• Maintain and update Your Registration Data to keep it accurate, complete and up to date.


You are responsible for maintaining the confidentiality of Your account and for all activities carried out using Your account information. You agree to notify Us immediately of any unauthorised activity using Your account information or if You suspect that the confidentiality of Your account information has been compromised.

We reserve the right, at its sole discretion, to terminate or suspend Your use of the Site, terminate or suspend Your account and refuse any current or future use of the Services if We believe in good faith that You have knowingly failed to comply with the above User registration terms of use.

5. Managing Content and Communications

Although it is not our intention to do so, We reserve the right, at its sole discretion, to delete or remove User content from the Site and to restrict, suspend, or terminate Your access to all or parts of this Site, at any time (including, without limitation, our good faith belief that You have not complied with these Terms and Conditions) without prior notice or liability.

We will not view or edit or pre-screen any contribution that You or anyone else make to the interactive pages of the Site and therefore, unless We are specifically notified of the nature of any item of material, You cannot assume that We are responsible for having made such material available through the Site. Nevertheless We may, but are not obligated to, monitor or review (i) any areas of the Site where Users transmit or post User content, including but not limited to areas where Services are available, and (ii) the substance of any User content.

To the maximum extent permitted by law, We will have no liability relating to any User content arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

If You object to the publication of any material placed on the Site please let Us know by emailing contactus@newstatesmanjobs.com and We will take whatever action it deems appropriate.

6. Links

The Services on this Site may provide links to other World Wide Web sites or resources. Because We have no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and does not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

7. Data protection
Our use of Registration Data, CVs and other personal information supplied by Users of this Site is governed by Our Privacy Policy. Please click here to view Our Privacy Policy.
8. Employment Agencies and Employment Business Regulations 2003 (“the Regulations”)
Jobseekers and Recruiters need to be aware that the Site operates as a venue only and does not introduce or supply Job Seekers to Recruiters (or vice versa). This means that We DO NOT:
• obtain sufficient information for potential Recruiters to select a suitable Job Seeker for the position which the Recruiter seeks to fill;
• obtain confirmation of the identity of a Job Seeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
• take any steps to ensure the Job Seeker and Recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the Job Seeker to fulfil the position to be filled;
• take any steps to ensure that it would not be detrimental to the interests of the Job Seeker or the Recruiter for the Job Seeker to fulfil the advertised vacancy;
• give any indication to Recruiters whether Job Seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
• propose Job Seekers to Recruiters or provide any information about them;
• take up any references in relation to a Job Seeker; or
• make any arrangements for accommodation of Job Seekers.
The Regulations seek to ensure that Job Seekers are only proposed by employment agencies for roles for which they are properly qualified and that Recruiters are only offered Job Seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since the Site is only a venue and does not propose or introduce Job Seekers to Recruiters or vice versa, it is recommended that, if You are a Job Seeker You undertake the steps set out in the Regulations to ensure Your suitability for the role advertised or, if You are a Recruiter, to ensure a Job Seekers suitability for the role.
9. Disclaimer of Warranties

In using this Site and its Services, You expressly understand and agree that:
• The Site and the Services contained on it are provided on an “as is” and “as available” basis and that use of the Site and Services is at Your own risk.
• We disclaim all warranties of any kind, whether by express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.
• We make no warranties regarding the accuracy, reliability, quality or availability of service of any products, materials or services made available on the Site.
• Any damage to Your computer or loss of data that results from the use of the Site or Services, or from the download of any material will be Your sole responsibility and is done at Your own discretion.
• No advice or information obtained from the Site or its Services, whether written or oral, shall create any warranty not expressly stated.

Further, We make no warranty or condition that:
• The Services will meet Your requirements
• The Services will be uninterrupted, timely, secure or error-free.
• The results that may be obtained from the use of the Services will be accurate or reliable
• The quality of any products, Services, information, or other material purchased or obtained by You through the Services will meet Your expectations
• Any errors in the software will be corrected.

Whilst effort has been taken to ensure that the pages of the Site are free from viruses, We give no warranties that they are indeed free from viruses and You are responsible for ensuring that You have installed adequate virus checking software and other appropriate precautions.

10. Limitation of Liability

To the extent not prohibited by applicable law (and other then in respect of liability for death or physical injury arising out of Our negligence or the negligence of our officers), We are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage (even if We have been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of, or related to:

• The use or inability to use the Services;
• Compromise of the integrity of any computer software or hardware or telecommunications equipment cause by the Services or Content
• The cost of procurement of substitute goods and Services purchased or obtained or messages received or transactions entered into though or from the Services;
• Unauthorised access to or alteration of Your transmissions or data;
• Statements or conduct of any third party on the Services or Site;
• Any other matter relating to the Services, including content You may download, use, modify or distribute from the Site.
You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site and will not make a claim against Us for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of Content.
You agree to hold Us harmless from, and You covenant not to take any legal action against Us for any claims based on using the Site, whether in contract (including fundamental breach), tort (including negligence) or otherwise except where We are prevented by law from making such exclusions or limitations.
11. Severability

If any of these Term and Conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

12. Jurisdiction

The Site and these Terms and Conditions have been designed for use within the United Kingdom. Whilst We will consider Users from outside the United Kingdom, the Company gives give no warranty, express or implied, that the Site or the use of the Site from outside the United Kingdom complies with any applicable non-United Kingdom laws or regulations. Accordingly, any Services not permitted under Your local law are not offered to You. Furthermore, We reserve the right to refuse any order at Our discretion from overseas customers and We will have no obligation to provide You with any reasons for refusing an order.